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Regulation 2(1)

[F1SCHEDULE 1

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PART 1RULES

1.  In these rules, unless the context otherwise requires—

“assessment” means either a consultation between a patient and a [F2healthcare professional] which takes place in person or by telephone or a consideration by a [F2healthcare professional] of a written report by another [F2healthcare professional] or other health F3...professional;

“condition” means a specific disease or bodily or mental disability;

F4...

“ [F5other health professional] ” means a person (other than a [F6healthcare professional] and not being the patient) who isF7..., a registered midwife, F8... or a member of any profession regulated by a body mentioned in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002;

“patient” means the person in respect of whom a statement is given in accordance with these rules.

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2.  Where a [F9healthcare professional] issues a statement to a patient in accordance with an obligation arising under a contract, agreement or arrangement under Part 4 of the National Health Service Act 2006 or Part 4 of the National Health Service (Wales) Act 2006 or Part 1 of the National Health Service (Scotland) Act 1978 the [F10healthcare professional’s] statement shall be in a form set out at Part 2 [F11or Part 2A] of this ScheduleF12....

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3.  Where a [F13healthcare professional] issues a statement in any case other than in accordance with rule 2, the [F14healthcare professional’s] statement shall be in the form set out in Part 2 [F15or Part 2A] of this Schedule or in a form to like effectF16....

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4.  A [F17healthcare professional’s] statement must be based on an assessment made by that [F18healthcare professional] .

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5.  A [F19healthcare professional’s] statementF20... shall contain the following particulars—

(a)the patient’s name;

(b)the date of the assessment (whether by consultation or consideration of a report as the case may be) on which the [F19healthcare professional’s] statement is based;

(c)the condition in respect of which the [F21healthcare professional] advises the patient they are not fit for work;

(d)a statement, where the [F21healthcare professional] considers it appropriate, that the patient may be fit for work;

(e)a statement that the [F21healthcare professional] will or, as the case may be will not, need to assess the patient’s fitness for work again;

(f)the date on which the [F19healthcare professional’s] statement is given;

(g)the address of the [F21healthcare professional] [F22;] [F23and]

(h)[F24the name of the [F21healthcare professional] (whether in the form of a signature or [F25otherwise); and]]

[F26(i)the profession of the healthcare professional]

F27...

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[F285A.  Where the healthcare professional’s statement is in the form set out in Part 2 of this Schedule—

(a)the healthcare professional’s name shall, irrespective of their profession, be recorded next to the words “doctor’s signature”;

(b)the healthcare professional’s address shall, irrespective of their profession, be recorded next to the words “doctor’s address”; and

(c)the healthcare professional shall record their profession within the statement in such place as appears to them to be appropriate.]

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6.  Subject to rule 8, the condition in respect of which the [F29healthcare professional] is advising the patient is not fit for work or, as the case may be, which has caused the patient’s absence from work shall be specified as precisely as the [F30healthcare professional’s] knowledge of the patient’s condition at the time of the assessment permits.

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7.  Where a [F31healthcare professional] considers that a patient may be fit for work the [F31healthcare professional] shall state the reasons for that advice and where this is considered appropriate, the arrangements which the patient might make, with their employer’s agreement, to return to work.

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8.  The condition may be specified less precisely where, in the [F32healthcare professional’s] opinion, disclosure of the precise condition would be prejudicial to the patient’s well-being, or to the patient’s position with their employer.

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9.  A [F33healthcare professional’s] statement may be given on a date after the date of the assessment on which it is based, however no further statement shall be furnished in respect of that assessment other than a [F33healthcare professional’s] statement by way of replacement of an original which has been lost, in which case it shall be clearly marked “duplicate”.

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10.  Where, in the [F34healthcare professional’s] opinion, the patient will become fit for work on a day not later than 14 days after the date of the assessment on which the [F34healthcare professional’s] statement is based, the [F34healthcare professional’s] statement shall specify that day.

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11.  Subject to rules 12 and 13, the [F35healthcare professional’s] statement shall specify the minimum period for which, in the [F35healthcare professional’s] opinion, the patient will not be fit for work or, as the case may be, for which they may be fit for work.

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12.  The period specified shall begin on the date of the assessment on which the [F36healthcare professional’s] statement is based and shall not exceed 3 months unless the patient has, on the advice of a [F37healthcare professional] , refrained from work for at least 6 months immediately preceding that date.

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13.  Where—

(a)the patient has been advised by a [F38healthcare professional] that they are not fit for work and, in consequence, has refrained from work for at least 6 months immediately preceding the date of the assessment on which the [F39healthcare professional’s] statement is based; and

(b)in the [F39healthcare professional’s] opinion, the patient will not be fit for work for the foreseeable future,

instead of specifying a period, the [F38healthcare professional] may, having regard to the circumstances of the particular case, enter, after the words “case for”, the words “an indefinite period”.

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PART 2FORM OF [F40healthcare professional’s] STATEMENT]

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[F41PART 2AALTERNATIVE FORM OF [F42healthcare professional’s] STATEMENT

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 ]

Regulation 2(1)

F43SCHEDULE 1A

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Regulation 2(1)(c)

F44SCHEDULE 1B

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Regulation 2(3)

[F45SCHEDULE 2

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PART Irules

1.  In these rules any reference to a woman is a reference to the woman in respect of whom a maternity certificate is given in accordance with these rules.

2.  A maternity certificate shall be given by a doctor or registered midwife attending the woman and shall not be given by the woman herself.

3.  The maternity certificate shall be on a form provided by the Secretary of State for the purpose and the wording shall be that set out in the appropriate part of the form specified in Part II of this Schedule.

4.  Every maternity certificate shall be completed in ink or other indelible substance and shall contain the following particulars—

(a)the woman’s name;

(b)the week in which the woman is expected to be confined or, if the maternity certificate is given after confinement, the date of that confinement and the date the confinement was expected to take place F46...;

(c)the date of the examination on which the maternity certificate is based;

(d)the date on which the maternity certificate is signed; and

(e)[F47the address of the doctor or, where the maternity certificate is signed by a registered midwife, the personal identification number given to her by the Nursing and Midwifery Council (“NMC”) on her registration in the register maintained under article 5 of the Nursing and Midwifery Order 2001 and the expiry date of that registration]

and shall bear opposite the word “Signature”, the signature of the person giving the maternity certificate written after there has been entered on the maternity certificate the woman’s name and the expected date or, as the case may be, the date of the confinement.

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F46Words in Sch. 2 Pt. I para. 4(b) omitted (1.11.1991) by virtue of The Social Security (Miscellaneous Provisions) Amendment Regulations 1991 (S.I. 1991/2284), regs. 1, 21(a)

5.  After a maternity certificate has been given, no further maternity certificate based on the same examination shall be furnished other than a maternity certificate by way of replacement of an original which has been lost or mislaid, in which case it shall be clearly marked “duplicate”.

[F48PART IIFORM OF CERTIFICATE

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MATERNITY CERTIFICATE

Please fill in this form in ink

Name of patient _________________________________

Fill in this part if you are giving the certificate before the confinement.

Fill in this part if you are giving the certificate after the confinement.
Do not fill this in more [F49than 20 weeks] before the week the baby is expected.I certify that I attended you in connection with the birth which took place on ......./........../....... when you were delivered of a child [__] children.
I certify that I examined you on the date given below. In my opinion you can expect to have your baby in the week that includes ......./........../........In my opinion your baby was expected in the week that includes ......./........../........

"Week": This means the 7 days beginning on a Sunday.

Date of examination ......../........../........Registered midwives:
Please give your [F50NMC] Personal Identification Number and the expiry date of your registration with the [F50NMC].
Date of signing ......./........../........___________________________________
Signature:

Doctors:

Please stamp your name and address here [F51(unless the form has been stamped, in Wales, by the Local Health Board in whose medical performers list you are included or, in Scotland,] F52[F53 by the Health Board in whose primary medical performers list you are included)]]]

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